Many employers are turning to arbitration in an effort to avoid the costs and inconvenience of litigation. Before implementing a policy requiring employees to submit disputes to binding arbitration, however, employers should consider the advantages and disadvantages of arbitration, as well as the procedural hurdles that must be overcome before an arbitration policy can be enforced against employees. The Advantages: • Arbitration can be less burdensome to employers ...
This Guide is intended to act as a general guide for businesses which are contemplating moving into the United Kingdom.Click on the link below to view the guide ...
Corporate law issues in Ukraine are mainly regulated by the 1991 Enterprises Act, 1991 Companies Act, 1991 Ownership Act, 1991 Securities and Stock Exchange Act, and 1996 State Regulation of the Stock Market in Ukraine Act. As we can see, the majority of Acts laying down the basic concepts and principles of Ukrainian corporate law date back to 1991, when Ukraine gained its independence ...
Considerable publicity and a sense of shock surrounded a judgment of the Competition Appeal Tribunal (CAT) published on 3 December in relation to a proposed merger of two companies involved in the supply of data systems to the NHS. The judgment focuses on how decisions are reached by the bodies responsible for UK merger control and, in particular, the degree of discretion given to the OFT to clear cases without ordering a full four month inquiry ...
The globalization of markets, the opening-up of world trade, and technological development have allowed multinational corporations to gain ground, arousing concerns related to the defense of competition. Some nations and regional blocks, such as the U.S.A ...
Attorneys and other service providers who deal with securities may unwittingly become liable for aiding and abetting violations of the Texas Securities Act. Introduction: A recent decision from the Fort Worth court of appeals should concern anyone who deals with securities transactions, because the burden of proof for imposing liability on a person as an aider and abettor under the Texas Securities Act (“TSA”) just became a little easier ...
Introduction: On March 4, 2003, the United States Supreme Court issued its unanimous decision, written by Justice John Paul Stevens, regarding the Federal Trademark Dilution Act (“FTDA”) ...
I. Introduction The Institute for Intellectual Property and Information Law at the University of Houston Law Center publishes “www.patstats.org,” providing United States patent litigation statistics. Specifically, with respect to the issue of validity, in 2000, the alleged infringer “won” the issue 53% of the time and the patent was held invalid, while the patentee “won” the issue only 47% of the time, and the patent was held valid ...
American Bar Association Annual Meeting 2003 Introduction Description of Revision Process How the 2003 Revisions Affect the Neutrality of Party-Appointed Arbitrators How the 2003 Revisions Affect Ex-Parte Communications Between the Arbitrators and the Parties and Between Themselves
Introduction All companies that engage in international commerce, whether large or small, should develop and implement a corporate compliance policy and training program so that employees, whether based in the US or abroad, are aware of conduct that could create liability for themselves or their company ...
Advanced Personal Injury Law Course 2003
On Monday, June 30, 2003, the SEC approved new rules proposed and adopted by the New York Stock Exchange (“NYSE”) and the Nasdaq Stock Market (“Nasdaq”) requiring shareholder approval of equity compensation plans or material amendments to existing equity compensation plans ...
Discovery for a New Millennium I. THE CHALLENGES OF ELECTRONIC EVIDENCE Computer usage now pervades all elements of society. Most businesses and many individuals conduct a significant percentage of communications through electronic media. E-mail, facilitated by the Internet, has become the dominate form of inter-office and intra-office communication ...
As required by Section 403 of the Sarbanes-Oxley Act of 2002, the Securities and Exchange Commission (the “SEC”) has adopted final rules and form amendments mandating the electronic filing, and website posting by issuers with corporate websites, of beneficial ownership reports filed by officers, directors and principal security holders under Section 16(a) of the Securities Exchange Act of 1934 (the “Exchange Act”) ...
The SEC’s Final Rules regarding Implementation of Standards of Professional Conduct for Attorneys purport to allow attorneys who appear and practice before the Commission to disclose client confidences to the Commission in three situations: (i) To prevent the issuer from committing a material violation that is likely to cause substantial injury to the financial interest or property of the issuer or investors; (ii) To prevent the issuer, in a Commission investigation or administrative proce
The Most Common Legal Problems Entrepreneurs Encounter and How to Solve Them How to Avoid Snatching Defeat from the Jaws of Victory The Most Common Legal Problems Entrepreneurs Encounter and How to Solve Them Rob Kibby Chuck Powell Haynes and Boone, LLP Areas of Concern Areas of Concern • Ownership Ownership • Employees (and Independent Contractors) Employees (and Independent Contractors) • Tax Matters Tax Matters • Securities Law Matters Securities Law Matters • Accounting M
Two Class Certification Denials Reinforce Rule 23 Adequacy Principles, While Exposing the Fiction of “Lead Plaintiff Groups” Introduction A decade ago, William S. Lerach, of Milberg Weiss Bershad Hynes & Lerach, infamously declared, “I have the greatest practice of law in the world. . . . I have no clients ...
As seen in the Houston Business Journal ...
Legal Duties of Directors and Guidelines for Insulating Them From Liability After Sarbanes-Oxley
Supreme Court resolves Circuit split by setting forth standard that owners of famous trademarks must prove “actual dilution” as opposed to “likelihood of dilution” in order to prevail on a Federal Trademark Dilution Act (FTDA) claim.The Supreme Court handed down its decision in the Moseley dba Victor’s Little Secret v ...
25th Annual Conference On Securities Regulation and Business Law Problems, Dallas, Texas 1. INTRODUCTION 1.1. Scope of Outline. In the aftermath of the recent failure of Enron and other major companies and the resulting loss of public confidence in the capital markets, the U.S. Congress conducted lengthy investigative hearings to determine the root causes of these problems ...
On January 29, 2003, pursuant to the requirements of Section 307 of the Sarbanes-Oxley Act of 2002, the SEC issued a release adopting a new Rule 205 entitled “Standards of Professional Conduct for Attorneys Appearing and Practicing Before the Commission in the Representation of an Issuer” (the “Standards”) ...
As a part of sweeping corporate governance reforms mandated by the Sarbanes-Oxley Act of 2002, the SEC adopted ethical rules for attorneys who represent public companies and their nonpublic subsidiaries. The SEC rules make it clear that “attorneys can’t get a pass” from participating in corporate wrongdoing and attempt to hold attorneys accountable much like accountants and bankers have been for their roles in corporate financial scandals ...
Common Evidence Problems Discovery for a New Millennium Computer usage now pervades all elements of society. Most businesses and many individuals conduct a significant percentage of communications through electronic media. E-mail, facilitated by the Internet, has become the dominate form of inter-office and intra-office communication. Businesses are also managed in a wide variety of electronic formats, including spreadsheet programs, databases and computer aided design tools ...
